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TV Tower Plan Brings Lawsuit

November 13, 1952

Mount Spokane Site Opposed, Seen Commercial “Wedge”

The Spokesman-Review

Television Spokane, Inc. yesterday asked a superior court here to keep KXLY-TV from building a TV tower on Mount Spokane and asked the court to void a lease between the station and the State Parks and Recreation Commission.

Television Spokane (KNEW) contends in a complaint filed yesterday that state parks were established for recreational purposes and that the park commission had no right to enter into the lease agreement.

The complaint alleges the TV tower would “in no way contribute to the use and enjoyment of the park by all the people.” It contends the lease is an “opening wedge” for other commercial projects.

Edward Craney, general manager of KXLY, said his firm will resist the action. He said preliminary legal arguments on the suit are tentatively set for superior court Monday.

Craney said he learned that a representative of the State Parks Commission will also be here for the hearing.

The complaint claims that Television Spokane’s proposed station site atop Browne’s Mountain, southeast of Spokane, is suitable for all TV operations in this area. The complaint says Television Spokane offers to let other stations lease tower space atop the mountain, on which it has an option to buy.

The complaint says, however, that if KXLY-TV is permitted to use Mount Spokane park area that Television Spokane too may be required, by competition, to request permission to erect a tower in the park “thereby increasing the number of facilities in the park at the expense of the enjoyment of the people of the state.”

Besides KXLY-TV, the State Parks and Recreation Commission is named a party to the suit.

Other Defendants Named

Also included as defendants are Bing Crosby, Symons Broadcasting Company, Joseph Lynch, Robert Porter and Mahlon Rucker, incorporators of KXLY-TV.

Mr. and Mrs. Sidney W. Streeter joined with Television Spokane as plaintiffs. The Streeters own the optioned Browne’s Mountain land.

Television Spokane, Inc. was organized last April by Burl Hagadone, who also heads the Inland Empire Broadcasting Company which operates KNEW. Television Spokane and radio station KREM have applied for Channel 2 in Spokane. The Federal Communications Commission has not made a decision on the contested application. KXLY-TV has been granted Channel 4. KHQ-TV has been granted Channel 6.

Since authorization was given by the Parks Commission to use Mount Spokane as a TV tower site, construction work has been carried on steadily by KXLY-TV.

A two-story transmitter building has been erected and a 150-foot antenna is in place, Craney said. A freight car load of transmitting equipment was taken to the mountain Tuesday night, Craney said.

Thursday, November 13, 1952

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From → KXLY, Pre-TV

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